CHAKRA TEXTILE AND ANR. Vs. JEEVAN ENTERPRISES

JUDGEMENT

(1.) PETITION filed under Section 482 of Criminal Procedure Code to call for the records relating to C. C. No. 998 of 1996 on the file of the Judicial Magistrate No. II, Karur and quash the proceedings.

(2.) THE case in brief is as follows :

(3.) LEARNED counsel for the petitioner stated that the cheque in question was presented for encashment in the first instance and the same was returned on December 11, 1995. The respondent issued a notice under Section 138 of the Negotiable Instruments Act on December 20, 1995, but however, he did not file the complaint within one month from the date of the expiry of 15 days. By this the respondent has forfeited the right to prosecute the petitioners under Section 142 of the Negotiable Instruments Act. Again the respondent presented the cheque on March 29, 1996, and as the same was dishonoured, another notice was issued on April 9, 1996, and later only filed this complaint. Having failed to prosecute on the basis of the first cause of action, which arose on the basis of the notice dated December 20, 1995, the respondent cannot now file the complaint on the basis of the second dishonour and also on the basis of the notice dated April 9, 1996. There is some force in this contention.